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Inst 2006095152
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Inst 2006095152
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Last modified
3/27/2007 4:31:59 PM
Creation date
3/27/2007 4:31:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/14/2006
Recorded Document Type
Inclusionary Housing Agreement
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PERM
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<br />3. Grant of Ootion to Purchase. Owner hereby grants to the City an option ("Option") to <br />purchase all of Owner's right, title and interest in and to the Property upon the occurrence of an Option <br />Event (defined in Section 5 below), subject to the terms and conditions contained herein. <br /> <br />4. Assiqnment of the Ootion. The City may assign the Option to another government entity, a <br />non-profit affordable housing provider or a person or family of moderate income who qualifies as an Eligible <br />Household. The City's assignment of the Option shall not extend any time limits contained herein with <br />respect to the exercise period of the Option or the period within which the Property must be purchased. <br /> <br />5. Events Givinq Rise to Riqht to Exercise Ootion. The City shall have the right to exercise <br />its Option upon the occurrence of any of the following events (each, an "Option Event"): <br /> <br />a. Receipt of a Notice of intent to Transfer (defined in Section 6 below); <br /> <br />b. Any actual, attempted or pending sale, conveyance, transfer, lease or other <br />attempted disposition of the Property or of any estate or interest therein, except as provided in Section 16 <br />below; <br /> <br />c. Any actual, attempted or pending encumbrance of the Property, including without <br />limitation by way of mortgage or deed of trust, or by judgment, mechanics, tax or other lien, except as <br />provided in Section 17 below; <br /> <br />d. Recordation of a notice of default and/or notice of sale pursuant to California Civil <br />Code section 2924 (or successor provisions) under any deed of trust or mortgage with a power of sale <br />encumbering the Property; <br /> <br />e. Commencement of a judicial foreclosure proceeding regarding the Property; <br /> <br />f. Execution by Owner of any deed in lieu of foreclosure transferring ownership of <br /> <br />the Property; <br /> <br />g. Commencement of a proceeding or action in bankruptcy, whether voluntary or <br />involuntary, pursuant to Title 11 of the United States Code or other bankruptcy statute, or any other <br />insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or <br />trusteeship, concerning the Owner; or <br /> <br />h. Any violation by Owner of any provision of this Agreement including, without <br />limitation, the conditions set forth in Section 2 above. <br /> <br />6. Method of Exercising the Option. <br /> <br />a. Notice of Intent to Transfer. If Owner desires to sell, convey, transfer, lease, <br />encumber or otherwise dispose of the Property or of any estate or interest therein, Owner shall notify City in <br />writing to that effect (the "Notice of Intent to Transfer"). The Notice of Intent to Transfer shall state the <br />street address of the Property, Owner's full name or names, the address and telephone number at which <br />Owner shall be contacted if not at the Property; and shall be delivered personally or deposited in the United <br /> <br />Page 13 of27 <br />
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